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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2605   View pdf image (33K)
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[Dec. 19] DEBATES 2605

(Applause.)

THE CHAIRMAN: Amendment I will be
Amendment No. 9. The Clerk will read the
amendment.

Delegate Needle.

DELEGATE NEEDLE: Mr. Chairman, I
do not think these last two amendments
are going to be necessary. They were also
housekeeping amendments to bring in line
the section if we had adopted earlier
amendments. I think, by a quick count, I
have four out of eight, a 500 batting aver-
age, and I had better quit now. If I have
the consent of my other co-sponsors, I will
withdraw Amendments I and J.

THE CHAIRMAN: They have not been
offered. They will be scratched, Amend-
ments I and J.

Delegate Carson, do you desire to offer
your Amendment K?

DELEGATE 'CARSON: I do, Mr. Chair-
man.

THE CHAIRMAN: The pages will please
distribute Amendment K, K for king. This
will be Amendment No. 9. The Clerk will
read the amendment.

READING CLERK: Amendment No. 9,
to Committee Recommendation GP-8, by
Delegates Carson and Scanlan:

On pages 1 and 2 strike out everything
beginning with the word "Within" in line
16 on page 1 down to and including the
word "procedure." in line 2 on page 2.

THE CHAIRMAN: The amendment hav-
ing been offered by Delegate Carson, sec-
onded by Delegate Scanlan, the Chair rec-
ognizes Delegate Carson to speak to it.

DELEGATE CARSON: Mr. Chairman,
ladies and gentlemen, I think it important
to note what this amendment intends to
take out. If I would be permitted, I would
like to read the language that would go
out if you vote in favor of the amendment.
The language to go out would be as fol-
lows: "Within 60 days after such approval
the governor shall appoint a commission to
prepare for the convention. At its next
regular session following such a proposal,
the General Assembly shall provide by law
for the assembling of the convention, elec-
tion of delegates, filling of vacancy to
position of delegate and appropriation of
such funds for work of the convention. The
convention shall adopt its own rules of
procedure."

Now the first sentence to go out relates
to when a commission would be appointed
and says that it would have to be appointed
within sixty days after the calling of a
convention. We know that the commission
which preceded this convention was ap-
pointed by Governor Tawes long before the
people decided to call a constitutional con-
vention.

I think it is very unwise to restrict in
the constitution or possibly to restrict in
the constitution when the commission could
be established. I think the language is
limiting at best or at worst.

Secondly, all of the remainder of the
language within the proposed section is
statutory in nature. The General Assembly
has full power to provide for this, and
certainly would. I suggest to you that it
is unnecessary and we need not have this
in the constitution. Therefore, I advocate
taking this language out and urge that if
we do so, we will have a better, more flexi-
ble document, and I urge your support for
this deletion and in favor of the amend-
ment.

THE CHAIRMAN: Delegate Boyer.

DELEGATE BOYER: Mr. Chairman, I
have to oppose this amendment. I think the
way this convention itself has worked out
is living proof of the validity and necessity
of having rules of operation we have had.
The legislature passed the Enabling Act
which brought into being the organic body
of this convention.

I think it would be important to make
doubly sure, make crystal clear, and in a
voice loud and clear, that we want the fu-
ture conventions to be equally as practical,
as efficient, and as workable as this one has
been. We found that this convention has
adopted its own rules of procedure. I
would dislike very much to have the next
convention, whenever it may be, not have
that same right. It is entirely possible that
if this is not included in the constitution,
perhaps some other body, perhaps the
General Assembly, shall work out rules of
procedure under which the new constitu-
tional convention may operate. I think
this would be unfortunate.

The way the General Provisions Commit-
tee has worded the language in GP-8 on
this particular point is exactly the way we
are working now. I have found it to be an
efficient and a practical way to do it. I
would like to guarantee to future constitu-
tional conventions that they shall have the
same liberty, the same efficiency and same



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2605   View pdf image (33K)
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